MUHAMMAD SALAM vs Syed JAMEEL AHMED S — 2022 YLR 2378 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2378 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD SALAM vs Syed JAMEEL AHMED S
Subject matter: Civil
Provisions referred to: S. 42---L; S. 3---S; Limitation Act (IX of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SALAM VS Syed JAMEEL AHMED S. 42---Limitation Act (IX of 1908), S. 3---Suit for declaration---Limitation---Scope--- Respondent assailed the petitioner's title to the suit property---Petitioner impugned the maintainability of the suit on the ground that a similar suit had previously been filed by the respondent on the same cause of action, eliciting similar relief, which was dismissed and that the suit was time barred---Trial Court dismissed the suit---Appellate Court set aside the order passed by Trial Court and decreed the suit---Validity---Even if the dismissal of earlier suit did not operate as res judicata for the reasons ascribed on behalf of the respondent, it was nonetheless apparent that the suit was time barred---Such aspect was not considered by the Appellate Court on any legal plane, but instead was proceeded on the basis of a personal conception of hardship as per which the Additional District Judge was fit to overlook/ condone limitation, which could not have been done---Appellate Court had acted with material irregularity---Revision petition was accepted, judgment passed by Appellate Court was set aside and that of Trial Court was restored.

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